2014-惇蹋厙AT-493

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered Ms Das＊s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. 惇蹋厙AT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the 惇蹋厙DT judgment. 惇蹋厙AT noted that it had merely affirmed the award of compensatory damages and termination benefits by 惇蹋厙DT and had not initiated it. 惇蹋厙AT held that there was no merit to the Secretary-General＊s claim that interest was to be paid from the date of the 惇蹋厙AT judgment. 惇蹋厙AT admitted the application for interpretation and ordered the Secretary-General to pay Ms Das interest on the award of USD 10,000 compensatory damages and the termination benefits of three months＊ net base salary, at the US Prime Rate from the date of 惇蹋厙DT＊s judgment to the date of payment.

Decision Contested or Judgment/Order Appealed

Ms Das contested her termination. 惇蹋厙DT found that her termination was unlawful as 惇蹋厙ICEF did not comply with the requirements set forth in the Agency＊s applicable administrative instruction. 惇蹋厙DT ordered that Ms Das be paid USD 10,000 for the unlawful termination, USD 10,000 for emotional distress, and any outstanding benefits and entitlements, with retroactive interest.

Legal Principle(s)

Interest on compensation payments is to be paid at the US Prime rate from the date on which the entitlement becomes due.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Das

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Case Number(s)

Tribunal

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Date of Judgement